For the week ending May 17, 2002
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Week in Review The march toward adjournment continued this week as most standing committees of the House and Senate finalized their work for the session. With committees closing up, only the work of the conference committees and the full House and Senate remains. The must-pass bills each year involve money – revenues and expenditures – and include the FY03 Appropriations bill, the Capital Expenditure bill, the Transportation Capital bill, and the Fee bill. Other key bills include legislation to lower the cost of pharmaceuticals, reform Act 60, and modify the income and estate taxes. The speculation over the exact date of adjournment continues as the end of the biennium draws near. With the start of the three-day Memorial Day weekend, Friday, May 24th, seems like a logical adjournment date. However, the towns have until May 22nd to complete their plans for redistricting, which would leave only two days for the House and Senate to finalize the legislative district maps for the upcoming elections. A more likely adjournment date, therefore, will be the following week, most likely prior to June 1. H.766-Medicaid Budget and H.753-Cigarette Tax The budget conference committee continues to meet with a goal of reconciling the differences between the House and Senate budgets. The Democrat-led Senate approved $896.6 million in state funding for FY03 compared to the $893.3 million budget passed by the Republican-controlled House. The House and Senate are close to agreeing on a budget for FY03 with final approval expected this week. Medicaid is a key section of the budget still open, but reconciliation is expected Monday afternoon as the Senate has signaled it’s willingness to accede to many of the House proposals, including the provider reimbursement increase of 1.5% over last year, down from the Senate proposal of 2%. Also still at issue is the cigarette tax, which is contained in H.765. The House has approved a 36-cent increase and the Senate has recommended a 67-cent increase. Both House and Senate members are privately talking about an agreement at 50 cents, allowing the budget conferees to restore many of the Governor’s recommended budget cuts in Medicaid. H.755/H.761/H.501/S.241 Professional Regulation As the session winds down, things can get very complex, and Professional Regulation issues rank high on that scale this year. H.755 which deals with the Medical Practice Board was sprung from the Senate Rules Committee last week, and is likely to be acted on by the full Senate this week. The Senate version contains compromise language regarding the definition of “unprofessional conduct” to which all parties agreed, including the Association. As such, it varies from the House version, and some compromise may have to be reached. In such a compromise, it is possible that other bills thought dead will come to life. The Secretary of State’s Office would like H.761 which governs licensure of many other health professionals. However, that bill has not yet cleared the House. Many House Members would like H.501 which requires parental notification for body piercing. Finally, some Members remain interested in S.241 regarding the use of acupuncture in the treatment of alcoholism, chemical dependency, and substance abuse. H.31 Prescription Drugs The conference committee on H.31, the pharmaceutical bill, continues to wrestle with the two major provisions -- the four-brand limit and the licensing of detailers. The House did not include either provision in their version of H.31 but they did include a catastrophic program. The House offered to keep the four-brand limit in exchange for dropping the licensing provision. However, the Senate rejected that proposal, as they very much want the pharmaceutical companies to disclose marketing expenditures. H.224-Elder Abuse and H.548-Olmstead Commission H.224, legislation to change the rules governing the abuse of the elderly, is currently in conference committee and is likely to pass. The conferees are working to attach H.548, a House passed bill that would set up an Olmstead Commission to study the state’s compliance with the federal Olmstead ruling (a court ruling that mandates community services to people with disabilities). H.767 Nursing Home Provider Tax The conference committee on the fee bill, H.767, has met several times and is expected to finalize their work in the middle of this week. H.767 includes an increase in the nursing home bed tax from $2,768.69 to $3,166.29. Since this provision is at the same level in both the House and Senate versions of the bill, it is not a subject of negotiation in the conference committee. Nurse Loan Repayment The Budget conferees have settled the nurse loan forgiveness line item at $180,000. Currently, the loans are available only to nurses who work in Vermont. However the Senate added language to include nurses who work within 10 miles of the Vermont border. The conferees have yet to settle this issue. H.725 Non-Profit Conversions Since the demise of S.219, the Blue Cross conversion bill, there has been no formal action or hearings on H.725, legislation that would establish a process for non-profit hospitals and health plans to follow if they convert to for-profit status. Last Friday, when the committee chair, Sen. Peter Shumlin (D-Windham), reviewed with the committee the bills for the committee to complete prior to the end of the session, H.725 did not make the cut. No Action On…
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